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A P Rajeev vs The State Of Kerala
2026 Latest Caselaw 735 Ker

Citation : 2026 Latest Caselaw 735 Ker
Judgement Date : 23 January, 2026

[Cites 0, Cited by 0]

Kerala High Court

A P Rajeev vs The State Of Kerala on 23 January, 2026

Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
                                                           2026:KER:5743



                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

        FRIDAY, THE 23RD DAY OF JANUARY 2026 / 3RD MAGHA, 1947

                         WP(C) NO. 2682 OF 2026

PETITIONER/S:

            A P RAJEEV
            AGED 66 YEARS
            S/O. PADMANABHAN,RESIDING AT ADITHODATH HOUSE,
            THEKKUMBHAGAM, THRIPUNITHURA, ERNAKULAM DISTRICT,
            PIN - 682301.


            BY ADVS.
            SRI.T.MADHU
            SMT.C.R.SARADAMANI
            SHRI.RENJISH S. MENON
            SMT.AVANTHIKA R.
            SMT.ARUNIMA A.R.
            SHRI.T.S.DAVIS




RESPONDENT/S:

    1       THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE
            DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM,
            PIN - 695001.

    2       THE LAND REVENUE COMMISSIONER
            LAND REVENUE COMMISSIONERATE, THIRUVANANTHAPURAM,
            PIN - 695001.

    3       THE DISTRICT COLLECTOR ERNAKULAM
            CIVIL STATION, KAKKANAD P.O. ERNAKULAM DISTRICT,
            PIN - 682030.
                                                            2026:KER:5743
WP(C) NO. 2682 OF 2026              2



      4       THE REVENUE DIVISIONAL OFFICER
              FORT KOCHI, ERNAKULAM DISTRICT, PIN - 682001.

      5       THE GEOLOGIST
              DEPARTMENT OF MINING AND GEOLOGY DISTRICT OFFICE, CIVIL
              STATION, KAKKANAD, ERNAKULAM DISTRICT, PIN - 682030.

      6       THE TAHASILDAR
              KANAYANNUR TALUK, ERNAKULAM DISTRICT, PIN - 682011.

      7       THE VILLAGE OFFICER
              THEKKUMBHAGAM VILLAGE, ERNAKULAM DISTRICT,
              PIN - 682301.

      8       THE THRIPUNITHURA MUNICIPALITY
              REPRESENTED BY ITS SECRETARY, THRIPUNITHURA P.O.
              ERNAKULAM DISTRICT, PIN - 682301.

      9       P.K. PRAKASH
              S/O. KARUNAKARAN, PULIMOOTTIL HOUSE, HOUSE NO.36/566.
              PANAMPALLY NAGAR, ERNAKULAM DISTRICT, PIN - 682020.

      0       USHAKUMARI
              W/O. P.K. PRAKASH, PULIMOOTTIL HOUSE, HOUSE NO.36/566.
              PANAMPALLY NAGAR, ERNAKULAM DISTRICT, PIN - 682020.


              BY ADV SHRI.K.S.ARUN KUMAR

              SMT DEEPA V, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                                                      2026:KER:5743
WP(C) NO. 2682 OF 2026                  3




                          P.V. KUNHIKRISHNAN, J.
                   -----------------------------------------------
                          W.P.(C) No.2682 of 2026
                   -----------------------------------------------
                 Dated this the 23rd day of January, 2026

                                  JUDGMENT

The above Writ Petition (C) is filed with the following prayers:

i. Issue a writ of certiorari and quash the Exhibit P5 proceedings

of the 6 th respondent, so as to secure the ends of justice

ii. Issue a writ of mandamus or any other appropriate writ

direction or order directing the 4th respondent to take further

action of Exhibit P7 representation dated 08.08.2025 submitted

by the petitioner before the 4th respondent as expeditiously as

possible and within a time frame fixed by this Honourable Court,

so as to secure the ends of justice.

Iii. Issue a writ of mandamus or any other appropriate writ

direction or order directing the 5th respondent to take further

action of Exhibit P8 representation dated O7.O8.2O25 submitted

by the petitioner before the 5th respondent as expeditiously as

possible and within a time frame fixed by this Honourable Court,

so as to secure the ends of justice.

iv. This Hon'ble Court may be pleased to dispense with filing of

the English translation of Malayalam documents produced in the 2026:KER:5743

writ petition, so as to secure the ends of justice.

2. When this writ petition came up for consideration, the

learned counsel for the petitioner submitted that he will be satisfied if a

direction is issued to the 4th respondent to consider Ext.P7.

3. Heard the learned Government Pleader and the learned

Standing Counsel appearing for the Municipality. In the manner in

which the writ petition is going to be disposed of, no notice is

necessary to respondents 9 and 10. If they are aggrieved by any of the

directions issued by this Court, they are free to file a Review Petition

before this Court.

4. Since the prayer of the petitioner is only for a consideration

of Ext.P7 by the 4th respondent, I think that the prayer can be allowed.

But I make it clear that I have not considered the matter on merits and

the 4th respondent is free to pass appropriate orders.

Therefore, this writ petition is disposed of with the following

directions:-

(i) The 4th respondent is directed to consider Ext.P7, if it is

received and pending, after giving an opportunity of

hearing to the petitioner and respondents 9 and 10, as

expeditiously as possible, at any rate, within two months

from the date of receipt of a copy of this judgment.

2026:KER:5743

(ii) I make it clear that the 4 th respondent is free to pass

appropriate orders in accordance with law.

Sd/-

P.V.KUNHIKRISHNAN JUDGE Sru 2026:KER:5743

APPENDIX OF WP(C) NO. 2682 OF 2026

PETITIONER EXHIBITS

Exhibit P1 THE RELEVANT PORTION OF THE DATA BANK FOR THRIPUNITHURA MUNICIPALITY Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS DATED 21.07.2015 ISSUED BY THE 3RD RESPONDENT Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED 07.01.2019 IN W.P(C) 312/2019 ON THE FILES OF THIS HONOURABLE COURT Exhibit P4 THE TRUE COPY OF THE PROCEEDINGS DATED 15.02.2019 ISSUED BY THE 6TH RESPONDENT Exhibit P5 THE TRUE COPY PROCEEDINGS DATED 18.05.2018 OF THE 6TH RESPONDENT Exhibit P6 THE TRUE COPY OF INFORMATION RECEIVED UNDER THE RIGHT TO INFORMATION ACT Exhibit P7 THE TRUE COPY OF THE COMPLAINT DATED 08.08.2025 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT Exhibit P8 THE TRUE COPY OF THE COMPLAINT DATED 07.08.2025 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT DISTRICT GEOLOGIST Exhibit P9 THE TRUE COPY OF THE PLAINT IN O.S.NO.5/2025 ON THE FILES OF THE MUNSIFF'S COURT, ERNAKULAM

 
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